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HARDAWAY v. UNITED STATES

No. 19378.

321 F.2d 89 (1963)

J. J. (Jake) HARDAWAY and Katie Mae Heidelberg, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 9, 1963.

Attorney(s) appearing for the Case

deQuincy V. Sutton, Meridian, Miss., for appellants.

Jack McDill, Asst. U. S. Atty., Robert E. Hauberg, U. S. Atty., Jackson, Miss., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Joseph M. Howard, John M. Brant, Attys., Dept. of Justice, Washington, D. C., E. Donald Strange, Asst. U. S. Atty., for appellee.

Before PHILLIPS, CAMERON and WISDOM, Circuit Judges.

PER CURIAM.

The appellants, a brother and sister, were indicted for conspiring with each other and with other named persons to defraud the United States by assisting the other named persons (who were not indicted) to file false claims to obtain social security benefits, in violation of 18 U.S.C. § 286.

The jury returned a verdict of guilty against each. The Court sentenced each to imprisonment for three years and to pay a fine of $1,750, but suspended...

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